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Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.

DOL Provides Update on H‑2B Processing

DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.

USCIS Announces Workload Transfer for Certain Forms I-751

USCIS announced the transfer of certain Forms I-751, Petition to Remove Conditions on Residence, from the Vermont Service Center to the Texas Service Center.

USCIS Announces Termination of the Categorical Parole Programs for Certain Individuals Present in the CNMI

USCIS announced that, effective immediately, the categorical Commonwealth of the Northern Mariana Islands (CNMI) parole programs are terminated. The notice states that after any parole authorized through these programs expires, USCIS will not renew that parole. Current parolees who have requested an extension of parole from USCIS will be reviewed on a case-by-case basis and if approved, will receive a letter granting an additional 180-days transitional parole.

DOL Issues Reminder Regarding H-2B Application Filing Timelines

The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that H-2B Applications for Temporary Employment Certification, Form ETA-9142B, with April 1, 2019, start dates may be filed no earlier than January 1, 2019 at 12:00:00.000 a.m. Eastern Time

Deadline to Submit Comments on H-1B Proposed Rule Is Wednesday

USCIS published a proposed rule earlier this month that would require petitioners planning to file H‑1B cap-subject petitions to register electronically ahead of the annual H-1B lottery

Government Shutdown Closes Immigration Courts Adding to Record-High 800,000 Case Backlog

CBS News reports that the partial federal government shutdown has closed most immigration courts. AILA Associate Director of Government Relations Kate Voigt said, “Holding the government hostage for a border wall isn’t going to do anything to make the country safer, but it will make the immigration courts worse.” The Washington PostEditorial Board noted the irony of “a president who conjures migrant no-shows in courts manag[ing] to close the courts entirely.

DOL Provides Update on Cause of iCERT System Outage

DOL announced that the iCERT system is experiencing an outage due to the unprecedented demand for H‑2B certifications received within the first five minutes of the semi-annual H‑2B certification process, which opened on January 1, 2019, at 12:00 am (ET). DOL stated it is working diligently to resolve the issue and will give at least 24 hours’ notice before the iCERT system is reopened. DOL will provide another update tomorrow

Young Immigrants Seeking Refuge from Abuse Face Denials

The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.

Acting AG Suspends Briefing Schedule for Matter of Castillo-Perezand Matter of L–E–A– Due to Government Shutdown

Acting Attorney General Matthew Whitaker announced that in light of the lapse in appropriations, he is suspending the briefing schedules for Matter of Castillo-Perez and Matter of L–E–A–, two cases that he referred to himself for review. New briefing schedules will be set when DOJ and DHS receive funding permitting them to resume normal operations. In both cases, under the new briefing schedules, briefs from amici will be due no earlier than February 1, 2019.